HomeMy WebLinkAboutContract 60845CSC No. 60845
COMPREHENSIVE ENERGY ASSISTANCE PROGRAM
PUBLIC UTILITIES VENDOR AGREEMENT
PURPOSE. The purpose of the Comprehensive Energy Assistance Program ("CEAP") Public Utilities Vendor
Agreement ("Vendor Agreement") funded from the Low -Income Home Energy Assistance Program
("LIHEAP") is to provide a grant to maintain an energy supply to heat and cool the residences of eligible
low-income clients.
The Energy Services Provider identified below ("Vendor"), agrees to honor the purpose of the CEAP grant
and to accept pledges of payment from CEAP agencies only for certified customers to whom Vendor
continues to provide energy services. The Energy Assistance Provider identified below ("Agency"), agrees
to make payments only for eligible low-income clients.
PARTIES. This Vendor Agreement is by and between:
City of Fort Worth
Energy Assistance Provider ("Agency')
and
NRG Energy dbaxom Energy
Energy Services Provider ("Vendor')
The Agency and Vendor are each a party to this Vendor Agreement and herein each referred to as "Party'
or collectively referred to as "Parties".
SEREVICE AREA. Vendor and Agency agree to assist customers in the following counties:
Tarrant County
TERM. This Vendor Agreement shall be effective from the 1st day of Jan 2024for a period not to
exceed two years from the effective date. Either of the Parties may terminate this a Vendor Agreement
by written notice. Such written notice of termination shall not affect any obligation by either of the Parties
incurred prior to the receipt of such notice.
NOTICE. Notice shall be sent via certified mail to the addresses below with return receipt requested.
Vendor: NRG Energy dbaxoom Energy
LV4wdor Na )
(Vendor Mailing Address)
Aeencv: City of Fort Worth
(Agency Name)
200 Texas Street Fort Worth, Texas 76102
(Agency Mailing Address)
Revised June 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AGENCY REPRESENTATIONS. The Agency represents and warrants to Vendor that it is a subrecipient of
the Texas Department of Housing and Community Affairs, a public and official agency of the State of Texas
("TDHCA") and as such is authorized and has received funding from the TDHCA to provide bill payment
assistance service for eligible low-income households.
VENDOR'S REPRESENTATIONS The Vendor represents and warrants that it will apply any payments
received from Agency to the account of the customer that the Agency has determined to be eligible under
the CEAP guidelines and such is a "Certified Customer".
VENDOR'S PERFORMANCE. Vendor will, with reference to a Certified Customer:
• Extend the CEAP applicant's energy service for up to five business days while the Agency
determines whether the CEAP applicant is eligible pursuant to the CEAP guidelines.
• Upon accepting pledge from Agency for Certified Customer, continue or restore energy service
to Certified Customer with no increases in charges, service charges or other charges affecting the
total cost of the bill, except as allowed by the stated tariff cost registered with the Public Utility
Commission "PUC" and/or Texas Railroad Commission.
• In the event the full past due balance is not paid by the Agency, the Certified Customer must pay
the remaining balance on or before the disconnect date stated in the customer's Disconnect
Notice required by PUC regulations in order to avoid disconnection or be eligible for
reconnection. Nothing in this Vendor Agreement requires the Vendor to reconnect the customer
upon receipt of a pledge that does not cover the full past due balance or if the customer has
already been disconnected by the time the pledge is received by the Vendor.
• Invoice the Certified Customer in accordance with Vendor's normal billing practices.
• Upon verbal or written request from Agency, provide at no cost to the Agency the Certified
Customer's billing and usage history for previous twelve (12) months, or available history plus
monthly estimates if less than twelve (12) months of billing history and usage is available. Vendor
will transmit such billing history via electronic mail or facsimile as soon as possible, but no later
than forty-eight (48) hours following the request.
• Work with Agency and Certified Customer to explore the feasibility of offering flexible payment
arrangements that may include, without limitation, waiving security deposits, reconnect fees,
application fees, and all other fees whenever possible.
• Not discriminate against Certified Customer in price or services, including the availability of
deferred payment plans, level or average payment plans, discount, budget, advance payment or
other credit plans.
• Not refuse to provide energy service or otherwise discriminate in the marketing and provision of
energy service to any Certified Customer because of race, creed, color, national origin, ancestry,
sex, marital status, lawful source of income, level of income, disability, financial status, location
of customer in an economically distressed geographic area, or qualification for low-income or
energy -efficiency services.
2 Revised June 2022
• Allow Agency forty-five (45) days from the date of the pledge to forward payment to the Vendor.
Vendor agrees not to consider the portion of the Certified Customer's account to be paid by the
Agency delinquent if said payment is received within the above mentioned forty-five (45) day
period, and Vendor is provided with a verbal or signed pledge from the Agency within forty-five
(45) days of identifying a Certified Customer.
• Not interrupt service if Certified Customer is eligible under PUC regulations, or other state agency
regulations (as applicable), and enters into an agreement with the Vendor concerning how the
Certified Customer will pay the balance owed Vendor and the Certified Customer is meeting the
obligation under such agreement.
• If the Agency has paid for an initial deposit or similar refundable instrument, upon the
termination of service to the Certified Customer, the Vendor shall return funds including interest
(after any balance owed) to the Agency in accordance with PUC regulations or 10 Texas
Administrative Code §6.312(f) (as applicable).
AGENCY'S PERFORMANCE. The Agency will:
• Obtain written permission for Agency to request and have access to customer information,
including confidential or personal account information, credit and payment history, from
customers seeking Agency's assistance. Social Security numbers are not required for the CEAP
program and may not be disclosed to Agency.
• Provide to Vendor, at Vendor's request, customer's written permission for Agency's access to
customer information as stated above.
• Not provide pledges on behalf of a Certified Customer to Vendor without having adequate funds
to pay such pledge.
• Pay pledges within forty-five (45) days of making pledge to Vendor.
• Determine if a customer is a Certified Customer within five days of contacting Vendor.
• Provide Vendor a list of names, telephone numbers and e-mail addresses of Agency staff
designated to make pledges on behalf of the Agency and Certified Clients, if requested from
Vendor.
ASSIGNMENT. Agency's obligations under this Vendor Agreement are contingent upon the receipt and
availability of funding by TDHCA under a contract for energy services by and between Agency and TDHCA.
If funding for energy services under said contract is not available to make payments to Vendor under this
Vendor Agreement, Agency or TDHCA will notify Vendor in writing within a reasonable time after such
fact is determined. Agency shall then assign its responsibilities under this Vendor Agreement to TDHCA by
executing an assignment on a form approved by TDHCA. If an assignment under this provision is required,
the Parties hereby agree to execute any and all instruments in order to facilitate the assignment of the
Agency's responsibilities to TDHCA under this Vendor Agreement.
3 Revised June 2022
CONFIDENTIALITY. The terms of any confidential transaction under this Vendor Agreement or any other
information exchanged by the Agency and Vendor relating to any transaction shall not be disclosed to any
person not employed or retained by the Agency or Vendor, their affiliates, or brokers, except to the extent
disclosure is 1) required by law; 2) necessary to disclose to the other Party in connection with a dispute
between the Parties; 3) otherwise permitted by written consent of the other Party; 4) required by
guarantors to be disclosed; 5) information which must be disclosed to a third party to transmit energy; 6)
to meet reliability council, regulatory, administrative, judicial, governmental, or regulated commodity
exchange requirements where necessary; or 7) information which was or is hereafter in the public domain
(except by breach of this Vendor Agreement).
Executed to be effective on January 1, 2024
VENDOR: Pdd
Authorize ennature /l t J tit
Ty ed Name of Authorized Signature
Vendor (Area Code) Telephone Number
U W Cit'Cop snr \ l
Vendor Email Address
AGENCY:
Authorized Agency Signature
Victor Turner
Typed Name of Authorized Signature
817-392-7540
Agency (Area Code) Telephone Number
l—Z((- 201/
Date
AAMC
Title
Jan 25, 2024
Date
Director, Neighborhood Services Department
Title
4 Revised June 2022
(Rev. October 2018) wenLITIcavon Numoer anu tierwricaxion requester. Do not
Department of the Treasury
send to the IRS.
Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
NRG Energy, INC
2 Business nameldisregarded entity name, if different from above
XOOM Energy Texas, LLC 45-1144538
cli
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to
following seven boxes. certain entities, not individuals; see
a instructions on page 3):
p ❑ Individuallsole proprietor or 0 C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
w single -member LLC Exempt payee code (if any)
Ci C
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
o 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting
v, LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an
.0 another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that ( y)
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
o ❑ Other (see instructions) ► (ApWw to accounts manrsmed outvOe me u s
m5 Address (number, street, and apt, or suite no.) See instructions. Requester's name and ddress optional)
ED P.O Box 3916
City of Fo - orth 6 City, state, and ZIP code 200 Texas St.
Houston, TX 77251-3916 Fort Worth, TX 76102
7 List account number(s) here (optional)
Taxpayer Identifi ntion Numb^r (TIN)
Enter your TIN n the appropriate b x The TIN pr ded m ist mat h the name g en n line 1 to a /oid Social security number
ri
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter. M45 -1 1 I 1 14 ( 4 15 13 18
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends u are no equired to sign the certification, but you must provide your correct TIN. Seethe instructions for Part 11, later.
Sign �►
Signature of
U.S.
r �" ?V
Here .S. person /v Date
General Instructions • Form 1099-DIV (dividends, including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to wwwJrs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No 10231X Form W-9 (Rev. 10-2018)
CITY OF FORT WORTH, TEXAS:
*Victor Turner has been delegated the
proper authority to execute this
document on behalf of the City pursuant
to an Interoffice Memorandum from the
City Manager dated July 20, 2021.
APPROVED AS TO FORM AND LEGALITY:
By:
Jessika Williams
Assistant City Attorney I
ATTEST:
By:
Jannette Goodall
City Secretary
Contract Authorization:
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M&C: 24-0023
Date Approved: 1/23/2024
CONTRACT COMPLIANCE MANAGER:
By signing below, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
By:
Victor Turner
Director, Neighborhood Services Dept.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND Fo
RT WORTH
Create New From This M&C
DATE: 1/23/2024 REFERENCE NO.: **M&C 24-0023 LOG NAME: 19NS CEAP
2024
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: (ALL) Authorize Acceptance of a Grant from the Texas Department of Housing and
Community Affairs in an Amount Up to $12,000,000.00 for the 2024 Comprehensive
Energy Assistance Program, a Federally Funded Program Sponsored by the United
States Department of Health and Human Services Designed to Provide Utility Payment
Assistance and Energy Conservation Education for "Low to Moderate" Income Residents,
Authorize Related Contracts, Adopt Appropriation Ordinance, and Waive Indirect Costs
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of Comprehensive Energy Assistance Program funds in an amount
up to $12,000,000.00 from the Texas Department of Housing and Community Affairs;
2. Authorize the execution of related contracts, including any amendments, renewals and
extensions in accordance with City policies and regulations with the Texas Department of
Housing and Community Affairs for the grant funds for the program year beginning on
January 1, 2024 and ending on December 31, 2024;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund, subject to receipt of the grant, in an amount up to
$12,000,000.00 for the purpose of funding utility payment assistance and energy
conservation education for "low to moderate" income residents; and
4. Authorize a waiver of the Neighborhood Services Department indirect cost rate of 17.29\%,
an estimated total of $174,686.00.
DISCUSSION:
The City of Fort Worth (City) contracts with the Texas Department of Housing and Community Affairs
(TDHCA) to provide the Comprehensive Energy Assistance Program (CEAP) through the Community
Action Partners (CAP), which is managed by the City's Neighborhood Services Department. The
TDHCA has notified the City to use the prior year's grant award and contract amount as a planning
figure for the 2024 CEAP. The total 2023 contract amount was $10,206,532.00. CAP staff projects an
increase in funding resulting in an estimated grant award in an amount up to $12,000,000.00 for this
program in 2024. The additional appropriation takes into account anticipated energy rate increases
and the award of subsequent grant amounts due to other grantees being unable to spend their
funding. During the past five years, the City has received an average of $7,183,878.00 per year and
as much as $10,206,532.00 in one year.
The three components of the program are:
1. Household Energy Crisis - weatherization and/or energy related assistance, repair of HVAC
systems and/or purchase of window units;
2. Utility Assistance - assistance to all eligible households with priority given to household
composition of elderly and/or disabled members or a child under the age of five; and
3. Education - providing information about energy conservation measures.
All households at or below 150 percent of the Federal Poverty Income Guidelines will be afforded
access to the program. Applicant households will be determined eligible according to income
guidelines and program policies. Benefit determinations include household income, household size,
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=3173 I &councildate= 1/23/2024 1/24/2024
M&C Review
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energy consumption and/or vulnerability, and the availability of funds. CAP staff will accept
applications at nine neighborhood CAP facilities and at other identified locations throughout Tarrant
County. Payments will be made for eligible clients directly to the utility vendors, and heating and
cooling system repair companies.
TDHCA allows no more than 7.22 percent of the grant award excluding travel and training) to be
budgeted for administrative costs and 13.29 percent for program service costs. The remaining funds
will be used for Household Energy Crisis and Utility Assistance for the duration of the contract. From
January 2023 to September 2023, CAP served 4,240 households and 9,574 individuals using this
grant.
This grant is an entitlement grant received from the Texas Department of Housing and Community
Affairs. The grant has been consistently awarded to the City since 1982. Grant funds support
administrative and program delivery allocations for 20.00 full-time employee positions in the
Neighborhood Services Department. Indirect costs totaling an estimated $174,686.00, calculated by
taking wages & salaries designated for this grant of approximately $1,010,329.00 multiplied by the
Neighborhood Service Departments' indirect cost rate of 17.29\% defined in the City's most recent
Cost Allocation Plan, could be charged to this grant. A waiver of these indirect costs is requested to
allow allocation of these funds to further support the programs and services to assist "low -to -
moderate" income citizens.
Positions funded with Comprehensive Energy Assistance Program grant funds are subject to grant
availability. In the event of a grant award being decreased or eliminated, the Neighborhood Services
Department would review programs and services funded by the grants and determine a level of
service and staffing that aligns with the available funding. Alternative to consider may include staff and
program reductions or eliminations.
No matching funds are required from the City for the CEAP Grant.
This program serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, in the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Oriqinatinq Department Head: Victor Turner (8187)
Additional Information Contact: Sonia Singleton (5774)
Benedict George (7339)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31731&councildate=1/23/2024 1/24/2024